2022-2023年考博英语-华东政法大学模拟考试题（含答案解析）第37期

2022-2023年考博英语-华东政法大学模拟考试题（含答案解析）1. 单选题II. Legal HistoryBefore the upheavals of the late 11th and early 12th centuries, the peoples of Europe were organized politically in a loose, complex, and overlapping structure of (1) local units, (2) lordship units, (3) tribal (clan) units, (4) large territorial units such as duchies or principalities, which might include a number of tribes (clans), and (5) kingdoms, of which the Frankish kingdom, from the year 800, was called an umpire. The kingdoms were conceived not as territorial units but primarily as the community of the Christian people under a king (emperor), who was considered to be Christs deputy and supreme head of the church as well as of the nobility, the clans, and the army. The church itself was not conceived as a political unit but primarily as a spiritual community led ultimately by the king or emperor and intermediately by bishops, of whom the Bishop of Rome was by tradition the most important.Within this general classification, there were very wide differences from locality to locality, lordship unit to lordship unit, tribal unit to tribal unit, and so on. The economy of Europe before the 11th century was largely local and agrarian. There was very little intercommunication; apart from monks and some others of the clergy and a small number of merchants, and except for military campaigns, only the higher nobility and kings travelled. There were practically no permanent representatives of the central authorities in the localities. Efforts to place them were generally frustrated. Not only power but also culture was widely dispersed. The customs of one place might differ substantially from the customs of another place fifty miles away.Nevertheless, the political organization of the peoples of Europe in the period from 6th to the 11th centuries reveals a common pattern of development.The smallest local political units were generally called villae ( “villages” or “vills” ); these were grouped into centenarii ( “hundreds” ), which were grouped, in turn, into comitatus ( “counties” ). These local units first came into being when the wandering tribes from western Asia, having swallowed up what was left of the Roman Empire in the West, finally settled down in the 4th, 5th and 6th centuries.The second type of unit, lordship units, came into being soon thereafter. Their number increased as settlers “commended themselves” to leading personages among them and promised to render services in tern for food and clothing as well as for protection against enemies.55. Which of the following description of a kingdom before the 11th century is NOT correct?56. The ones who did not travel before the 11th century were _.57. The reason that the efforts to place permanent representatives of the central authorities in the localities were generally frustrated was that _.58. The political units from 6th to 11th centuries originated in _.问题1选项A.The Frankish kingdom was called an umpire from 800 A.DB.A kingdom was led by a king or emperor, who was considered to be the supreme head of the territoryC.The kingdoms were conceived primarily as the community of the Christian peopleD.A kingdom was one of the several structures of European peoples political organizations问题2选项A.monks and priestsB.kings and other upper-class peopleC.peasants who wanted to sell their own productsD.merchants问题3选项A.the power and culture were widely dispersedB.the people did not understand each otherC.there was no common pattern of developmentD.the customs of different places differed substantially问题4选项A.the leftovers of the Roman Empire in the WestB.the lordship unitsC.the leading personages among the settlersD.the tribes from western Asia【答案】第1题:B第2题:C第3题:D第4题:A【解析】55. 【试题答案】B【试题解析】事实细节题。根据题干定位到原文第一段The kingdoms were conceived not as territorial units but primarily as the community of the Christian people under a king (emperor), who was considered to be Christs deputy and supreme head of the church as well as of the nobility, the clans, and the army.（王国不是作为领土单位，而是主要作为基督教人民在国王（皇帝）领导下的社区，国王被认为是基督的副手和教会以及贵族、氏族和军队的最高领袖）可知王国并不是领土单位，国王也不是领土的最高元首，B选项“一个王国是由国王或皇帝领导的，他被认为是领土的最高元首”错误，同时可知C选项“这些王国最初被认为是基督教人民的社区”符合原文；第一段(5) kingdoms, of which the Frankish kingdom, from the year 800, was called an umpire.（5王国，其中法兰克王国从800年起被称为裁判）可知A选项“法兰克王国从公元800年起被称为裁判”符合原文；第一段the peoples of Europe were organized politically in a loose, complex, and overlapping structure ofand (5) kingdoms（欧洲人民在政治上是以松散、复杂和重叠的结构组织起来的5王国）可知D选项“王国是欧洲人民政治组织的几个结构之一”符合原文。因此B选项符合题意。56. 【试题答案】C【试题解析】事实细节题。根据题干定位到原文第二段apart from monks and some others of the clergy and a small number of merchants, and except for military campaigns, only the higher nobility and kings travelled.（除了僧侣和其他一些神职人员以及少数商人之外，除了军事行动之外，只有贵族和国王出游）可知选C选项“农民想卖自己的产品”，原文中农民不会出游；A选项“僧侣和牧师”；B选项“国王和其他上层阶级的人”以及D选项“商人”在原文中都会出游，不符合题意。因此C选项正确。57. 【试题答案】D【试题解析】推理判断题。根据题干定位到原文第二段Within this general classification, there were very wide differences from locality to locality, lordship unit to lordship unit, tribal unit to tribal unit, and so onEfforts to place them were generally frustrated. Not only power but also culture was widely dispersed. The customs of one place might differ substantially from the customs of another place fifty miles away.（在这一总体分类中，各地、领主单位与领主单位、部落单位与部落单位等都有很大的差异安置它们的努力普遍受挫。不仅权力如此，文化也被广泛分散。一个地方的风俗习惯可能与五十英里外另一个地方的风俗习惯有很大的不同）可知权利和文化分散的原因都是每个地方的风俗都有很大的差异，选D选项“不同地方的风俗有很大的不同”，同时可知A选项“权力和文化被广泛分散”并不是常驻代表的努力普遍受挫的原因，权利和文化被分散的根本原因也是每个地方的风俗都有很大的差异；B选项“人们彼此不理解”以及C选项“没有共同的发展模式”原文未提及。因此D选项正确。58. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第四段These local units first came into being when the wandering tribes from western Asia, having swallowed up what was left of the Roman Empire in the West, finally settled down in the 4th, 5th and 6th centuries.（这些地方单位最初是在来自西亚的流浪部落吞没了罗马帝国在西方留下的东西，最终在4、5和6世纪定居下来时形成的）可知选A选项“罗马帝国在西方的残余”，B选项“贵族单位”和C选项“殖民者中的主要人物”原文未提及，D选项“来自西亚的部落”不符合原文所说的来自西亚的流浪部落。因此A选项正确。2. 单选题VI. Procedure LawEven if we were to accept this deflationary view of procedural justice as our starting point, it would not follow that procedures are unimportant. If we begin with criteria for a just outcome, then it follows that our system of dispute resolution should be designed to decide controversies in accord with these criteria. From the bare premise that outcomes count from the ex post (事后)perspective, we can derive a minimal notion of procedural justice. A perfectly just procedure would guarantee correct outcomes; a procedure would be more or less fair or just insofar as it approximates this ideal. If we take the rules of substantive law (torts, contracts, property, and so forth) as applied to the facts (the state of the world) as the criteria for just outcomes, then the ideal procedure would discern the truth about the facts and apply the law to those facts with one-hundred percent accuracy. From the modest premise that outcomes count, we can derive the view that procedural justice is a function of accuracy.There are, however, obvious problems with this simple theory. Even from the ex post perspective, formal legal outcomes, such as judgments for plaintiffs and defendants, are not the only effects of adjudication. Dispute resolution systems impose costs on the parties to the dispute and on society at large. If we enlarge our view of outcomes to encompass all of the costs and benefits imposed by the litigation system, then our view of procedural justice will be enlarged as well. An outcome that includes a damage award that reflects an accurate application of the substantive law to the facts might nonetheless be unjust if the plaintiff who was entitled to prevail had to pay more in attorneys fees than the value of the judgment. A dispute resolution system that achieved one-hundred percent accuracy would be viewed as monstrously unfair if it required each disputant to devote her entire life to a painstaking process of fact-finding and consumed the great bulk of the social product to finance the enterprise. The addition of these uncontroversial premises to our modest assumption that outcomes count yields the conclusion that even from the ex post perspective a fair procedure must, at a minimum, strike a fair or reasonable balance between the benefits of accurate outcomes and the costs imposed by the system of procedures.Procedural perfection is unattainable: no conceivable system of procedure can guarantee perfect accuracy. Approaching procedural perfection is unaffordable: a system that achieved the highest possible degree of accuracy would be intolerably costly.1.From the first paragraph, we can know that the author is _.2.An ideal procedure would NOT _.3.The author thinks that a fair procedure must strike a fair or reasonable balance the benefits and the costs. According to the 2nd paragraph, which one is NOT a cost mentioned by the author?4.From the last paragraph one can infer that _.问题1选项A.rebutting some ones view that procedures are unimportantB.arguing that procedures are unimportantC.distinguishing procedure law from substantive lawD.setting the criteria for just outcomes问题2选项A.discern the truth about the factsB.apply the law to the facts with accuracyC.guarantee correct outcomesD.be different even if the substantive law applied is different问题3选项A.An unjust award where the plaintiff has to pay more than the value of judgment.B.A life-long fact-finding process to achieve 100% accuracy.C.The great bulk of products produced by an enterprise.D.The social products consumed to support the system.问题4选项A.procedural perfection is unattainableB.a fair procedure can only exist when keeping a balance between benefits and costsC.approaching procedural perfection is unaffordableD.no system of procedure can guarantee perfect accuracy【答案】第1题:A第2题:D第3题:C第4题:B【解析】1.事实细节题。根据题干定位到第一段第一句Even if we were to accept this deflationary view of procedural justice as our starting point, it would not follow that procedures are unimportant.（即使我们将这种关于程序正义的通缩观点作为我们的出发点，也不会得出程序不重要的结论）可知选A选项“反驳一些人认为程序不重要的观点”，同时可知B选项“争论程序不重要”错误，作者认为程序是重要的；C选项“区分程序法和实体法”原文第一段未提及；第一段第二句If we begin with criteria for a just outcome, then it follows that our system of dispute resolution should be designed to decide controversies in accord with these criteria.（如果我们从公正结果的标准开始，那么我们的争端解决制度就应该根据这些标准来决定争端）得知D选项“为公正的结果设定标准”和原文不符合，原文没有提到为公正的结果设定标准。因此A选项正确。2.事实细节题。根据题干定位到第一段If we take the rules of substantive law (torts, contracts, property, and so forth) as applied to the facts (the state of the world) as the criteria for just outcomes, then the ideal procedure would discern the truth about the facts and apply the law to those facts with one-hundred percent accuracy.（如果我们把适用于事实（世界状况）的实体法规则（侵权行为、合同、财产等）作为公正结果的标准，那么理想的程序将辨别事实的真相和法律适用于那些事实，准确率百分之百）可知A选项“辨明事实的真相”,，B选项“正确地将法律适用于事实”以及C选项“保证正确的结果”对应原文，D选项“即使适用的实体法不同，也不一样”原文未提及。因此D选项符合题意。3.事实细节题。根据题干定位到第二段An outcome that includes a damage award that reflects an accurate application of the substantive law to the facts might nonetheless be unjust if the plaintiff who was entitled to prevail had to pay more in attorneys fees than the value of the judgment.（但是，如果有权胜诉的原告支付的律师费高于判决的价值，那么包括损害赔偿裁决在内的结果可能是不公正的，因为损害赔偿裁决反映了实体法对事实的准确适用）可知A选项“一种不公正的判决，原告必须支付比判决价值更多的钱”有提及；第二段A dispute resolution system that achieved one-hundred percent accuracy would be viewed as monstrously unfair if it required each disputant to devote her entire life to a painstaking process of fact-finding and consumed the great bulk of the social product to finance the enterprise.（一个百分之百准确的纠纷解决系统，如果要求每一个纠纷人一生都致力于一个艰苦的事实调查过程，并消耗大量的社会产品为企业融资，那么它将被视为极其不公平的）可知B选项“一个终生的事实调查过程，以达到100%的准确性”，D选项“社会产品消费支持该系统”在原文中有提及；C选项“一个企业生产的大量产品”原文未涉及。因此C选项符合题意。4.推理判断题。根据题干定位到最后一段Procedural perfection is unattainable: no conceivable system of procedure can guarantee perfect accuracy. Approaching procedural perfection is unaffordable: a system that achieved the highest possible degree of accuracy would be intolerably costly.（程序的完善是不可能实现的：任何一个可以想象的程序体系都不能保证完美的准确性。接近程序上的完美是负担不起的：一个达到尽可能高的准确度的系统将是难以忍受的代价），结合第二段最后一句even from the ex post perspective a fair procedure must, at a minimum, strike a fair or reasonable balance between the benefits of accurate outcomes and the costs imposed by the system of procedures（即使从事后的角度来看，公平程序至少必须在准确结果的利益与程序制度所施加的费用之间达成公平或合理的平衡）可知尽可能高的准确度的系统是指准确结果的利益与程序制度所施加的费用之间达成高度平衡，则公平的程序只有在保持利益和成本之间的平衡时才能存在，选B选项“公平的程序只有在保持利益和成本之间的平衡时才能存在”；A选项“程序的完美是无法达到的”，C选项“接近程序的完美是无法承受的”以及D选项“没有程序系统可以保证完美的准确性”都是最后一段直接给出的信息，而不是推测得出的，不符合题意。因此B选项正确。3. 单选题. (International Law)The Panel observes that Article 1.1 of the TRIPS Agreement provides as follows: “Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.”The first sentence of Article 1.1 sets out the basic obligation that Members “shall give effect” to the provisions of this Agreement. This means that the provisions of the Agreement are obligations where stated, and the first sentence of Article 61 so states. The second sentence of Article 1.1 clarifies that the provisions of the Agreement are minimum standards only, in that it gives Members the freedom to implement a higher standard, subject to a condition. The third sentence of Article 1.1 does not grant Members freedom to implement a lower standard, but rather grants freedom to determine the appropriate method of implementation of the provisions to which they are required to give effect under the first sentence. The Panel agrees that differences among Members respective legal systems and practices tend to be more important in the area of enforcement. However, a coherent reading of the three sentences of Article 1.1 does not permit differences in domestic legal systems and practices to justify any derogation from the basic obligation to give effect to the provisions on enforcement.Therefore, the standard of compliance with Article 61 is the minimum internationally agreed standard set out in that Article. The minimum standard in Article 61 does not defer to Chinas domestic practice on the definition of criminal liability and sanctions for other wrongful acts in areas not subject to international obligations under the TRIPS Agreement, unless it so states. For example, the second sentence refers to “crimes of a corresponding gravity”, which might refer to domestic practice in other areas. However, the first sentence of Article 61 does not make any such reference.For the above reasons, the Panel confirms its view that the first sentence of Article 61 of the TRIPS Agreement imposes an obligation. The Panel will now turn to the terms used in that provision, read in context and in light of the object and purpose of the Agreement, to determine the scope and content of that obligation.59. What is required by Article 1.1 of TRIPS?60. Which of the flowing is the most suitable topic for the 2nd paragraph?61. One can infer from the underlined phrase that the first sentence of Article 61 _.62. The underlined phrase “defer to” in the 3rd paragraph means to _.问题1选项A.To provide the same treatment to nationals of other WTO members.B.To provide more extensive protection than required by TRIPS.C.To take specific method to implement the provisions of TRIPS.D.To give effect to the provisions of TRIPS.问题2选项A.The interpretation of Article 1.1 of TRIPS.B.Obligations set out in Article 1.1 of TRIPS cannot be derogated.C.Obligations set out in Article 1.1 of TRIPS.D.The 3 sentences of Article 1.1 of TRIPS have different meaning.问题3选项A.makes some statementsB.so statesC.is an obligation of the WTO membersD.is the same as the provisions of TRIPS问题4选项A.delayB.give way to somebodys judgmentC.respectD.postpone【答案】第1题:D第2题:A第3题:C第4题:C【解析】59. 【试题答案】D【试题解析】事实细节题。根据题干定位到第一段Article 1.1 of the TRIPS Agreement provides as follows: “Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement”（与贸易有关的知识产权协定第1.1条规定如下：“各成员应实施本协定的各项规定。各成员可以(但不应被迫)在其法律中实施比本协定要求的更广泛的保护，只要此种保护不违反本协定的规定”）可知选D选项“实施与贸易有关的知识产权协定条款”，以及B选项“提供比与贸易有关的知识产权协定要求的更广泛的保护”不符合原文，原文是需要在“此种保护不违反本协定的规定”这个前提下；A选项“向其他世贸组织成员的国民提供同样的待遇”和C选项“采取具体方法实施与贸易有关的知识产权协定条款”第一段未提及。因此D选项正确。60. 【试题答案】A【试题解析】推理判断题。根据题干定位到第二段The first sentence of Article 1.1 sets out the basic obligation that Members “shall give effect” to the provisions of this AgreementThe second sentence of Article 1.1 clarifies that the provisions of the Agreement are minimum standards only, in that it gives Members the freedom to implement a higher standard, subject to a condition. The third sentence of Article 1.1 does not grant Members freedom to implement a lower standard（第1.1条第一句规定了成员“应使”本协定条款生效的基本义务第1.1条的第二句话澄清了协定的规定仅是最低标准，因为它给予成员执行更高标准的自由，但须有一个条件。第1.1条第3句不给予成员执行较低标准的自由）可知第二段都在解释说明Article 1.1 of the TRIPS Agreement（与贸易有关的知识产权协定第1.1条）的内容，选A选项“对与贸易有关的知识产权协定第1.1条的解释”；B选项“不能减损与贸易有关的知识产权协定第1.1条规定的义务”，C选项“与贸易有关的知识产权协定第1.1条规定的义务”以及D选项“与贸易有关的知识产权协定第1.1条的3句话有不同的含义”都是第二段的片面内容，不足以概括整个段落。因此A选项正确。61. 【试题答案】C【试题解析】推理判断题。根据题干定位到原文划线句子部分This means that the provisions of the Agreement are obligations where stated, and the first sentence of Article 61 so states.（这意味着，协定的规定在规定的地方是义务，第61条第一句就说明了这一点），这里所提到的这一点即第二段第一句的内容The first sentence of Article 1.1 sets out the basic obligation that Members “shall give effect” to the provisions of this Agreement.（第1.1条第一句规定了成员应实施”本协定各项规定的基本义务。），选C选项“是世贸组织成员的义务”；A选项“做一些陈述”，B选项“这样说的”以及D选项“与与贸易有关的知识产权协定条款相同”都不符合原文。因此C选项正确。62. 【试题答案】C【试题解析】词义推测题。根据题干定位到第三段The minimum standard in Article 61 does not defer to Chinas domestic practice on the definition of criminal liability（第六十一条的最低标准不尊重我国国内对刑事责任定义的实践），defer to在本句中表示“尊重；听从”；A选项“延迟”；B选项“让步于某人的判断”；C选项“尊重”；D选项“推迟”。因此C选项正确。4. 翻译题1. Translate the following paragraph into Chinese (5 marks) After a number of reports regarding the supposed launch date of Apple Pay in China, the mobile payment service provided by the US tech giant with China Union Pay has officially become available in the country at 5 am on Thursday. China has become the fifth country in which Apple has deployed its payment system, after the US, the UK, Canada, and Australia. Instead of scanning a bar code, which is required by existing mobile payment services provided by Alipay and WeChat, Apple Pay users will utilize what is called near-field communication technology to allow contactless data exchange between iPhone, Apple Watch and point of sale terminals. 【答案】在一系列关于苹果支付在中国上市日期的报道之后，这家美国科技巨头与中国银联合作提供的移动支付服务已于周四凌晨5点正式在中国上市。中国已经成为继美国、英国、加拿大和澳大利亚之后，苹果第五个部署支付系统的国家。苹果支付用户将利用所谓的近场通信技术，实现iPhone、Apple Watch和销售点终端之间的非接触式数据交换，而不是扫描支付宝和微信提供的现有移动支付服务所要求的条形码。5. 单选题Ms. Breen has been living in town for only one year, yet she seems to be _ with everyone who comes to the store.问题1选项A.acceptedB.admittedC.admiredD.acquainted【答案】C【解析】考查形容词辨析。A选项accepted“公认的；被认可的，被接受的（被大多数人接受的观点是正确的或合理的）”；B选项admitted“公认的；被承认了的（承认自己曾经做过的事情）”；C选项admired“被赞美的；被钦佩的”；D选项acquainted“熟识的；知晓的；有知识的”。句意：布林女士只在城里住了一年，但似乎每个来店里的人都很_她。本句表达“虽然布林女士在城里居住时间不长，但似乎每个来店里的人都很赞美她”，因此C选项正确。6. 单选题When it comes _ his wife with the housework, John never grumbles.问题1选项A.to helpB.and helpsC.to helpingD.to